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(영문) 서울행정법원 2018.04.12 2016구합77667
과징금 부과처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a provider of information and communications services under the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 14080, Mar. 22, 2016; hereinafter “Act”), and operates an online community site (C; hereinafter “instant site”) under the name of “B” providing mobile phone shopping and transaction information.

The Plaintiff’s major import source is the typeer and text advertising of the instant site, and the total number of members is 1,956,835 as of September 12, 2015.

The plaintiff's turnover for the last three years is as follows.

B. On September 10, 2015, 19:11 through 20:40 on September 10, 2015, 22:2:2 on September 10, 2015, and 01:13 on September 11, 2015, the hacker attempted to access the Internet site on a random basis to grasp the vulnerable web page, etc. on two occasions, and from September 11, 2015 to September 01:04 to 02:10, the hackL projector (D) stored data that the applicant wants to obtain by manipulating the data from the database through personal information processing devices ( cyber attack techniques) and stored data that were stored in the member database through the cyber attack.

(hereinafter referred to as “instant hacking incident.” The leaked membership information is a member’s ID, encrypted password, date of birth, e-mail (E-mail), off-mail (E-mail), professional identification number, the date of entry, the date of entry, and the membership score (e-mail).

C. From September 12, 2015 to October 8, 2015, the Defendant organized a public-private joint investigation group and investigated the actual status of the Plaintiff’s handling and operation of personal information and prepared a report thereon.

(hereinafter “instant investigation report”) d.

On December 29, 2015, the Defendant: (a) for the following reasons, Article 28(1)2, 3, and 4 of the Act; (b) Article 64-3 of the former Enforcement Decree of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; and (c) Presidential Decree on September 22, 2016.

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